This case is a useful companion to the earlier Turner decision because it shows what can happen after an employment claim is struck out. Many business owners know that Fair Work proceedings are often described as a no-costs jurisdiction. That is broadly true as a starting point, but the judgment shows the limits of that protection.
The Court looked at the settlement history. The earlier judgment had found that the Chandler Macleod deed released the relevant claims and that the attempt to set it aside was not properly pleaded beyond a bald illegality allegation. On that footing, the Court found the claim against Chandler Macleod was instituted without reasonable cause and that continuing it was unreasonable. The applicant was self-represented, but that did not prevent a costs order.
For employers, contractors and workers, the practical point is document quality. If a dispute is settled, the deed should clearly identify the parties, released entities, released claims, confidentiality obligations and any opportunity for legal advice. If a later dispute arises, the file should make it easy to show what was resolved. For anyone thinking about reopening a settled matter, the case is a warning that the Fair Work costs rule has exceptions where a claim is hopeless or unreasonable.